Musings and Sometimes Rants about the non-equal status of Fathers in Family Law and Parenting. Additionally periodic comparisons to the treatment of men compared to women in other areas including health care.

Friday, July 16, 2010

My observations on the sentence for a Muslim woman who strangled her child.

Justice Sal LoVecchio is typical of Canadian judges who, through feminist training, think of themselves as the new white knights out to save and empower females from the brutish males of the world. This translates to 90% sole physical custody to moms and statistically relevant, much lighter sentencing for females as compared to men for the exact same crime. The Latimer case is very apropos to compare.

Given the woman is a Muslim, is this the judicially, politically correct way to cover up an honour killing? A 300 pound Muslim felt threatened by a 14 year old girl and strangled her with a viciousness to suck the life out of her own child. Children suffer far greater negative consequences in the custody of single moms. In this case, and as is shown by USA government stats one of those outcomes is killing of a child by the mom in far greater numbers than by the biological father. The child had many strikes against her including being a Muslim, with an apparent controlling mother, who was single, and living in a modern secular country like Canada. The judge and apologists for this woman do no favours to children in similar circumstances. How do we let these kinds of people into the country?

This needs to be appealed and a sentence imposed equivalent to Robert Latimer. He also had no right to kill his child, despite what he thought was compassion, and this woman gets a free ride by a very naive and obsequious judge.MJM

In 2007 Aset Magomadova, at the end of her tether in dealing with a troubled and by her account troublesome 14-year old daughter, strangled the girl to death with a scarf.

Let it be noted, before going any further into this story, that to kill a healthy human being by strangulation, you have to cut off their air supply for 2.5 to 3 minutes. They lose consciousness and go limp long before they are at risk of dying. So you really can’t argue that you have strangled someone in self-defence or by accident or in a moment’s confusion or loss of control. If a person dies after you have had your way with a scarf around her neck, you can be sure the intention behind the attack was not benign.

And now to the sentencing of Aset Magomadova. Calgary Court of Queen’s Bench Justice Sal LoVecchio convicted the mother of manslaughter, acquitting her on the original charge of second-degree murder, and pronounced a sentence of…probation. No jail time. Dead daughter. Mother killed her. No jail time.

In his 25-page decision, the judge said that “Showing mercy does not mean we disapprove of the act. It simply means sometimes a particular situation may demand a slightly different solution.” (my emphasis)

Apparently Magomadova’s lawyer really got to the judge with an account of the defendant’s “catastrophic” background in war-torn Chechnya, where her husband was killed in conflict while she was pregnant with a son who later was born with Muscular Dystrophy.

I would venture to say that many killers have a “particular situation.” Robert Latimer springs to mind. Robert Latimer was a white Canadian male of European extraction, so perhaps his “particular situation,” that of watching his profoundly disabled daughter Tracy, a victim of Cerebral Palsy, suffer the agonies of the damned for years in spite of every possible medical intervention available (which amounted to, in Latimer’s words, “mutilation and torture”), could not quite compete with the sad tale of a Muslim widow from Chechnya with an irritating daughter and a son with Muscular Dystrophy.

Latimer was convicted of second degree murder, but the judge in his second trial opted for leniency on the grounds that he acted from “compassion,” ordering a light sentence of one year in jail and one under house arrest. Not good enough for the Saskatchewan Court of Appeal, which insisted on the full weight of the law being applied, namely a life sentence. Latimer pleaded to the Supreme Court of Canada that he had had no choice but to end her suffering. Nope, the Supreme Court said, Latimer had other options and a ten-year sentence was not “excessive.”

Well, the Magomadova case is going to the Court of Appeal. Let us keep a careful eye on their appraisal of Judge LoVecchio’s multicultural approach to justice. And if it should go to the Supreme Court, even more so.

This LoVecchio judgment was simply outrageous. In an earlier musing, the judge opined that Aset Magomadova was not a danger to society. Well, she was a danger to an individual who was helpless to escape her rage – her very own daughter. And what message does his “sentence” of probation send to other parents from other countries, war-torn or not, who believe that they have the power of life and death over their children?

About Me

I am Politically active and right of centre on most issues with the odd exception such as legalization of "Mary Jane".
I advocate on changes to Family Law - an incredibly dysfunctional arena where parents are pitted against one another and children are the victims.
My picture will sometimes show me as a younger man simply because I like them.

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Leading causes of Injury to Women 2006

In 2006, unintentional falls were the leading cause of nonfatal injury among women of every age group, and rates generally increased with age. Women aged 65 years and older had the highest rate of injury due to unintentional falls (59.7 per 1,000 women), while slightly more than 19 per 1,000 women aged 18–34 and 35–44 years experienced fall-related injuries. Unintentional injuries sustained as motor vehicle occupants were the second leading cause of injury among 18- to 34-year-olds (18.7 per 1,000), while unintentional overexertion was the second leading cause of injury among women aged 35–44 and 45–64 years (13.7 and 9.3 per 1,000, respectively). Among women aged 65 years and older, being unintentionally struck by or against an object was the second leading cause of injury (5.7 per 1,000).

Injury related Emergency Department Visits

Unintentional and intentional injuries each represented a higher proportion of emergency department (ED) visits for men than women in 2005. Among women and men aged 18 years and older, unintentional injuries accounted for 19.9 and 27.5 percent of ED visits, respectively, while intentional injuries, or assault, represented 1.4 and 2.7 percent of visits, respectively. Among both women and men, unintentional injury accounted for a higher percentage of ED visits among those living in non-metropolitan areas, while adults living in metropolitan areas had a slightly higher percentage of ED visits due to intentional injury.